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HomeMy WebLinkAbout2009-01-08 Council (Regular) MinutesCOUNTY OF NEWELL NO.4 '"^' MINUTES OF COUNCIL MEETING January 8, 2009 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, January 8, 2009 commencing at 10:03 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels R. Andrews J. Harbinson S. Evans A. Eastman B. de Jong H. Wutzke ABSENT: I. Schroeder A.M. Philipsen STAFF: K. Stephenson, Chief Administrative Officer A. Wickert, Development Control Officer M. Harbicht, Superintendent of Public works A. Clapton, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: R. Kiedrowski, Brooks & County Chronicle M. Fitzgerald, Q-13 Fox Radio Cindy Brkich, Resident of Westland Acres Colleen Davidson, Resident of Westland Acres Jack Gerrard, Resident of Westland Acres Scott Hanson, Resident of Westland Acres Kasy Kaczanowski, Resident of Westland Acres Tracy Kaczanowski, Resident of Westland Acres Mike Ondrus, Resident of Westland Acres Shawn Schuh, Resident of Westland Acres 1. EXCUSED FROM MEETING C-01/09 MOVED BY COUNCILLOR R. ANDREWS that Councillor A.M. Philipsen and Councillor I. Schroeder be excused from the meeting. MOTION CARRIED 2. MINUTES C-02/09 MOVED BY COUNCILLOR S. EVANS that the December 23, 2008 Council minutes be adopted as presented. MOTION CARRIED Regular Council Minutes Page 2 January 8, 2009 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-03/09 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as amended. MOTION CARRIED 5. CHEQUES FOR PAYMENT The Chief Administrative Officer responded to questions from Council. C-04/09 MOVED BY COUNCILLOR B. DE JONG that cheques 164021 to 164106 in the amount of $599,253.04 be approved. MOTION CARRIED 6. BUSINESS FROM MINUTES a. CPR Letter Re: Irricana Sub Right of Way The Chief Administrative Officer presented Council with an update on this item in the form of an a-mail from S. Nedoshytko, Landman for Wheatland County. S. Nedoshytko has spoken to a representative of the CPR and they have indicated that the exit fees cannot be recovered if the waiver is signed at this Time. He is currently waiting to receive information regarding a derailment that occurred in 1987 and suggests that a Phase 2 Environmental Assessment be completed to determine fhe state of the land. 8. OTHER BUSINESS ~ ~ a. Alberta Royal Canadian Legion ~,.~ ' ~~ Military Service Recognition Book Council was presented with a letter from the Alberta/Northwest Territories Command of fhe Royal Canadian Legion regarding the upcoming publication of a Military Service Recognition Book. The letter requested support from the County of Newell No. 4 via sponsorship of an advertisement space in this book. The Chief Administrative Officer will determine the scope of this publication with regards to Alberta's veterans and this item will be brought back to a future meeting. ~-- Regular Council Minutes January 8, 2009 9. POST AGENDA ITEMS Page 3 a. Reschedule Meeting with LaVar Payne, Member of Parliament The Chief Administrative Officer indicated that the Honorable L. Payne was unable to attend the meeting today at 2:00 p.m. and had requested that the meeting be rescheduled. Council suggested that this item be incorporated into the joint meeting with the City of Brooks on January 12, 2009. This item will be discussed further later in the meeting. ARRIVED AT MEETING Councillor J. Harbinson arrived at 10:22 a.m. b. Policy Review - 2004-PAD-039 -Recognition of Service Council was presented with Policy 2004-PAD-039 and some suggested amendments. Council requested that a further amendment be made to the policy, stating that Councillors will not receive gifts upon retirement from Council. C-05/09 MOVED BY COUNCILLOR H. WUTZKE that Policy 2004-PAD-039 be adopted as amended. MOTION CARRIED Council discussed including Committee and Board members in the County of Newell Christmas party. Reeve M. Douglass inquired about the status of the committee that was to be formed to arrange the County events, and the Chief Administrative Officer indicated that no formal decisions had been made at this time. Council indicated that they would like to assist staff in planning the various events Throughout the year, and administration was asked to determine the opinions of staff towards this. ARRIVED AT MEETING C. Brkich, C. Davidson, J. Gerrard, S. Hanson, K. Kaczanowski, T. Kaczanowski, M. Ondrus, S. Schuh, and A. Wickert arrived at 10:33 a.m. 7. DELEGATIONS a. Residents of Westland Acres ,--, K. Kaczanowski, representing the residents of Westland Acres, thanked Council for allowing the group to present their concerns. He presented Council with some history on the Westland Acres development and expressed frustration with issues with the lack of communication and the development process. With the new development that is going ahead, the residents sent two letters to Council outlining the issues and concerns that they have regarding what is happening. Regular Council Minutes Page 4 January 8, 2009 The Chief Administrative Officer asked if the issues outlined in the letters concerned Westland Acres as it is now or the new development. K. Kaczanowski replied that the new development would have an impact on Westland Acres. C. Brkich indicated That her property was situated on the low end and she has experienced flooding every spring. The road had to be upgraded recently because of this, and this was at a cost to the taxpayers. She also expressed concerns regarding drainage affecting the septic fields in the area, and noted that it was the County's responsibility to ensure that proper construction methods are used and that any repair costs should be the developer's responsibility. Councillor H. Wutzke acknowledged the concerns of the residents of Westland Acres and noted that a condition of the development requires a drainage plan to be in place that is approved by an engineer and the Eastern Irrigation District. K. Kaczanowski expressed concerns regarding the lack of public input on this drainage plan, indicating that there is a wealth of local knowledge that can be applied there. He also commented on the size of the culvert in the road, and Councillor H. Wutzke indicated that the E.I.D. would not approve a plan that would not allow for adequate flow through this culvert. Councillor W. Daniels agreed with K. Kaczanowski in that the process needed to be streamlined and clarified and requested input from the delegation for specific changes to be made. K. Kaczanowski indicated that there should be someone involved that has the technical expertise to know what is required for each stage of the development. Councillor W. Daniels inquired about the drainage plan and the Development Control Officer replied that a drainage plan had been submitted, but that it could not be accepted without an engineer's stamp. Councillor W. Daniels asked if there had been public consultation meetings. C. Davidson indicated that she had attended the open house that was held and had expressed her concerns regarding septic fields and lot sizes, and as a result the lot sizes have been reduced. K. Kaczanowski noted that the standards for septic fields had been changed recently and asked if the County would ensure the developer adhered to these standards. The Development Control Officer replied that the conditions require permits from accredited organizations which are certified from the Alberta Municipal Affairs Safety Codes Council. C. Davidson asked why the development was progressing if the drainage plan has not yet been accepted and who would be paying to correct anything that is done improperly. The Development Control Officer replied that the developer will receive a stop work order in the spring if the conditions of the subdivision have not been met. Regular Council Minutes Page 5 January 8, 2009 Councillor W. Daniels commented on the architectural standards, indicating that the Safety Codes Council ensures buildings are built to code, but architectural standards were requirements of the developer and are writfen into the title. Councillor H. Wutzke suggested that the residents of Westland Acres arrange a meeting with the developer to discuss their concerns. The Chief Administrative Officer stated That the County Land Use Bylaw controls the size and type of building that can be built on a property and that the province is responsible for ensuring that housing standards are met. He noted that if residents have concerns regarding architectural controls, they should confact D. Horvath, Planner, as she has been working with the developer on subdivision controls at the land title registration stage. K. Kaczanowski inquired abouf who would ensure that the issue of surface drainage was addressed, indicating that the developer must consider this beforehand and be held accountable. T. Kaczanowski suggested that perhaps public input could be obtained during the engineer's drawing stage of the plan. The Chief Administrative Officer indicated that a stamped certified set of surface drainage plans and as built confirmations will be all that is required to ensure the subdivision drains properly. He offered providing a copy to K. Kaczanowski once he receives them. C. Brkich asked who would be responsible for ensuring that the work is completed properly. The Chief Administrative Officer replied that B. Penner, Technical Manager, and A. Madrid, Surveyor, conduct a site visit following construction and, if it does not meet approval, Public Works will give the developer a list of items that require correction. The plans are also forwarded to the Public Works Department for their comments. He also noted that the province is responsible for ensuring septic fields are correctly installed under the Alberta Plumbing Permit, Building and Safety Codes. K. Kaczanowski indicated that the suggestion of green space had not been discussed during the open house meeting and the residents felt that this would have been a solution to many of fhe other issues. He lisfed the other concerns thaf were outlined in the letter to Council, including surface drainage and traffic impacts. S. Schuh asked if it was a requirement to have two roads accessing a property for emergency purposes, and the Chief Administrative Officer replied that it is not a regulation as there are many cul-de-sac developments with only one access in. Reeve M. Douglass thanked the delegation for attending the meeting `~ and for stating their concerns. Councillor W. Daniels suggested that both parties meet with staff and the developer and then present an update fo Council in a few months. T. Kaczanowski asked if it was Regular Council Minutes Page 6 January 8, 2009 possible to contact the engineer and ask some questions. The Development Officer indicated that she would ask the developer to determine if she can give out the engineering contact. C. Brkich suggested that a meeting be arranged between the residents of Westland Acres, the developer, and Councillor H. Wutzke to discuss the drainage plan and other concerns. K. Kaczanowski indicated that he would be in contact with D. Horvath and asked when would be a good time to meet again. Reeve M. Douglass advised of the meeting schedule, and suggested that they return to either a Council or Municipal Planning Commission meeting where D. Horvath is available. Councillor W. Daniels also suggested that the Technical Manager and Superintendent of Public Works also attend this meeting. Several residents expressed concerns regarding septic fields and the minimum !ot size required for these which is included in the Area Structure Plan. The Chief Administrative Officer replied that if the Province does not approve septic fields for those lots, other options will have to be used. S. Hanson expressed concerns regarding the development proceeding without an approved drainage plan in place, and noted there should steps in the process where a developer cannot proceed until he completes certain requirements within a given time frame. The Chief Administrative Officer replied that the developer is typically given one year to meet all the conditions, but that they do not have to be completed in a specific order. He further indicated that many developers require a time extension over the one year period in order to meet all the conditions required. Reeve M. Douglass indicated that this and future discussions will be used to analyze the process and improve it. J~ LEFT THE MEETING ~J C. Brkich, C. Davidson, J. Gerrard, S. Hanson, K. Kaczanowski, T. Kaczanowski, M. Ondrus, and S. Schuh left the meeting at 11:57 a.m. Councillor R. Andrews inquired about the location of the road and culvert, and it was indicated on the map. Councillor W. Daniels noted that the current developer was part of the previous development, and that the residents would probably feel more comfortable if they received more information from the developer. The Development Control Officer gave an overview of the proposed drainage plan and indicated that they were waiting for the engineer's stamp that will tell them whether or not it will function correctly. ~--~ Regular Council Minutes January 8, 2009 LEFT THE MEETING M. Fitzgerald, R. Kiedrowski, and S. Stanway left the meeting at 1:01 p.m. LUNCH Council RECESSED for lunch at 12:06 p.m. and RECONVENED at 1:01 p.m. ARRIVED AT MEETING Page 7 M. Harbicht, Superintendent of Public Works, and S. Stanway arrived at 1:01 p.m. 9. POST AGENDA ITEMS -continued c. Purchase of New Plow Truck and Semi Tractor Unit The Superintendent of Public Works requested permission from Council to sole source the purchase a new plow truck and semi tractor unit. The Superintendent of Public Works responded to questions from Council and cited examples of equipment purchased in the past through resolution. Councillor A. Eastman asked what the tendering policy said about this, and the Chief Administrative Officer replied that Council must approve purchases that are not put out to tender at this type of a dollar value. C-06/09 MOVED BY COUNCILLOR W. DANIELS that Council APPROVE the request by Public Works and allow them to sole source the purchase of a new Plow Truck and Semi Tractor Unit. Councillor J. Harbinson requested a recorded vote. C In Favor: Divisions 1, 4, 6, 8, 9, 10 2 ~ `~ Opposed: Dlvlslons 5, 7 MOTION CARRIED The Superintendent of Public Works requested that Motion C-303/08 be rescinded and that the Municipal Addressing Project be funded through the paving reserves so that the Alberta Municipal Infrastructure Program funding can be used for the Crawling Valley paving project. The Chief Administrative Officer provided background information to Council and responded to questions, noting that the Municipal Addressing Project funding should come from the Municipal Surplus rather than the paving reserves. C-07/09 MOVED BY COUNCILLOR A. EASTMAN that Motion C-303/08, which reads as follows: MOVED BY COUNCILLOR H. WUTZKE that the County of Newell No. 4 proceed with an addressing project in the 2009 budget by applying for Regular Council Minutes Page 8 January 8, 2009 AMIP funding through Alberta Transportation and by having our Department of Public Works handle installation of the signage, either --- using staff or contracting out, and further, by allocating $5,000.00 from the Public Works Contingency Fund to have Martin Newby Consulting Ltd. start the numbering system now to develop a concise budget for the AMIP application. be RESCINDED. MOTION CARRIED C-08/09 MOVED BY COUNCILLOR B. DE JONG that the 2008/2009 AMIP application be used for the Old Highway 1 paving project. MOTION CARRIED C-09/09 MOVED BY COUNCILLOR S. EVANS that the 2009/2010 AMIP funding be used for the Crawling Valley paving project. MOTION CARRIED C-10/09 MOVED BY COUNCILLOR W. DANIELS that the Municipal Addressing project be funded through the Municipal Surplus. MOTION CARRIED ARRIVED AT MEETING A. Wickert, Development Control Officer, arrived at 1:20 p.m. 7. DELEGATIONS -continued ~ a. Residents of Westland Acres Council asked for ideas for developing a system for public input that would include the Superintendent of Public Works and the Planner. Councillor R. Andrews suggested arranging the conditions of a development in an order that would require drainage plans to be approved and in place prior to any other work proceeding. Council indicated that a staff member should be conducting site visits and ensuring that work is being done properly. The Development Control Officer presented Council with an overview of the process that is explained to developers, which includes a list of conditions that must be met before work begins on anything in the development agreement. Council discussed how the process applied in the case of the developer in question. The Superintendent of Public Works noted that his department is working on a list of items that they want shown on engineering Regular Council Minutes Page 9 January 8, 2009 drawings in order to approve them. This item will be discussed further ,-- during the March 10, 2009 MPC meeting. LEFT THE MEETING S. Stanway left the meeting at 1:45 p.m. Council discussed how to allow the public to be more involved in the process and how the County of Newell could facilitate open house meetings. The Development Control Officer expressed concerns regarding giving the developer's engineer's contact information to the residents of Westland Acres, and Councillor H. Wutzke indicated that he would approach the developer regarding this. The Chief Administrative Officer presented Council with an a-mail from D. Horvath regarding the required drainage plan. Council discussed stormwater ponds and septic fields and the regulations involved with those. LEFT THE MEETING A. Wickert and M. Harbicht left the meeting at 2:04 p.m. 9. POST AGENDA ITEMS -continued d. Connection to the Regional Water System Councillor W. Daniels suggested the creation of a service grant to make it easier for County of Newell residents and businesses outside of fhe hamlets to hook on to the regional water system. The Chief Administrator was directed to get a dollar amount for industrial and commercial assessments. This item will be brought back to a future meeting. f. Connection to the Regional Water System for People Not Included in the Original Easements Council discussed the amount to be charged to the residents not included in the original set of easements That want to hook on to the Regional Water System. The original discussion included a fee of $2500.00 for everyone who wanted to hook onto the system. This item will be discussed further when Councillor 1. Schroeder, M. Kasun, P. Brouwer, and R. Havinga are available. g. Information Items ,•- Reeve M. Douglass distributed some information items she had received to Council, including a letter from Alberta Electric Systems Operator regarding an update on the Transmission Reinforcement in Regular Council Minutes Page 10 January S, 2009 southern Alberta, a letter from Canadian Badlands Ltd, which contained a progress report, and an information package on the Lieutenant Governor's Leadership for Active Communities Award. 10. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. The Chief Administrative Officer indicated that he had received a response and the meeting with The Honorable L. Payne will be included with the joint meeting with the City of Brooks scheduled for 4:00 p.m. on January 12, 2009 at the Heritage Inn. 11. INFORMATION ITEMS There were no information items to discuss at this meeting. 12. IN CAMERA C-11/09 MOVED BY COUNCILLOR J. HARBINSON that we move in camera at 2:22 p.m. MOTION CARRIED C-12/09 MOVED BY COUNCILLOR S. EVANS that we move out of camera at 3:14 p.m. ~ __ ~ MOTION CARRIED 13. ADJOURN C-13/09 MOVED BY COUNCILLOR B. DE JONG that the meeting adjourn at 3:14 p.m. MOTION CARRIED ~~~ Ree Co nt Administrator